Santu Fekar v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9355 of 2018 • Santu Fekar S/o Surju Ram Fekar Aged About 47 Years R/o Village Achholi ,thana Palari ,district Baloda Bazar- Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Civil Lines ,district Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Anil Gulati, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 691/2018 registered at Police Station Civil Lines, district Raipur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code.

3. Case of the prosecution, in brief is that applicant had executed an agreement of sale of the dispute land with complainant Nand Lal Sahu on 04.01.2016. He had also received Rs.6,00,000/- from the complainant. Thereafter, he had not executed registered sale deed. He had also not returned advance amount to the complainant.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore